Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1887-04-05
MAINE DISPATCHES.
FILES AND JANSEN DISCHARGED
'aase Gould R'nde,s the Decision TINT
mere are Not sufficient Grounds tor
Holding Them.

PORTLAND, April 4.
IN Inc Files Jansen case Saturday after
noon, the dying statement of Mrs. Jansen
was admitted. Aftsrthe evidence for ,ho
government was all out. the counsel for the
oe'ehce made motion TO discharge the pri.
soners on account Of a lack of sufficient ev;.
dsnct to hold them
Tins afternoon Judge Gould rendered his
decision as follows:
lhls case is very unusual and striking
one ne charge Is murder, The date of
the complaint Is March lst. Since that time
these respondents have bt en- in Jail awaiting
thelr preliminary hearing 1t is a matter of
puoilc knowledge that the coroner's jury have
heio an inqueet upon the matter and failed to
agree, being four against implica,ir these
re- p0ndents to two in favor. Uid this
state OF tacts the gravity of the charge mad
1t the duty Of the government to 90 fully cnd
carefully into this hearing. This has be. n
done with great ability and patience. The
evidence OF the State Is ali in and the case
awaits dt u-iOn upon the mo ion of the re-
spondeLts to be discharged on the ground
that the ohence chaIg d Is not proven.
r'prtt that the counsel for the respond.
ents considered d that their duty to their cllenls
requ ulred this motion. Ms | should have pre-
ferted deciding the case upon the whole ev.
dence; but the motion having been made. 1t
becomes my duty to tfully aud conscien-
tiOusly consider it.
Before proce. ding further desire to say
that frJm \ remark made and question asked
by the attorney for the State, il would seem
that he had received the impression that the
attorneys for the respondents questioned the
medical treatment of the deceased by Dr.
Swasey. l desire to say that have not re.
celved that impression, and although perhaps
unnecessary to add, that fre m all the testi-
mony IN the case it seems to me that this
treatment was the usual and proper treatment
in such cases.
Since the adjournment Of the court Satur-
day. have, with the written testimony be-
fore me, given the case the most careful and
anxious study. From the mental and physi
cal condition of Mrs. Jansen and all the cir
cumstances surrounding the taking OF her
ante mortem statement, together with the
testimony of Mrs. Gursoe, | am of the opin
ion that the statement is entitled to very little
or no weight.
Therefore, | have come to the corc,usi0n
that the testimony Of the government falls
short of proving by legal and competent evil
dence n case sufficiently strong to JUSTIFY me
in finding prouabie cause for committing
the Sc respondents TO jill to await the action
OF the grand jury. 1t is therefore my duly to
sustain the motion and to order the r.spon-
dt MS dislhargt d..
When the attorney had finished speaking.
the attorneys and .pt Gators crowded about
DR.. Files and Jansen, shock hands with them
and CONGRATULATED then on their discharge.
DR.. Files WAS interviewed this afternoon
and said Now that the court has dis
charged me | have no OF ction to stating
that il is true that some weeks before the
death of Mrs. Jansen sne came to my house
and desired treatment. | consented TO make
an examination if she would bring her hus
band. Twas satisfied from her state
that such an examination was necessary, bu'
il is not true ,hat such examination or any
net @; mine in connt ction herewith had any
thing whatever to do with the subsequent
illness and death of Mrs. Jansen. did no
act nor did consent to do any act. In Viola
ton of law or which was not necessary an'
proper for me to do as medical man IN the
honest cons cien ntious discharge of my duty
I never procured any abortion upon Mrs
Jansen. nor consente d to do so, nor agreed u
do so at snv time nor under any circumstan
ces. nor did ever give her any treatmen
which cou d have led to such result.